In the financial year to 31st October 2019, 221 Indian nationals appealed to the Administrative Appeals Tribunal, according to its Migration and Refugee Division Caseload Report.
"It's larger than I would imagine," says Abul Rizvi, former Deputy Secretary in the Department of Immigration.
“I would stress that India does not have the kind of agent arrangement that exists in Malaysia and China. And as a result, one would be surprised if the number would be very large. On the other hand, there has been quite a deal of political unrest in India that may potentially generate genuine asylum claims,” he said.
Out of 221, only one case falls in the UMA (Unauthorised Maritime Arrival) category. That means, most the appellants arrived in Australia on a valid visa and then sought asylum.
Source: AAT
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“I think with India it’s another question of wait and see as to whether this is a scam or whether these are genuine asylum seekers,” he says.
In the first four months of the current financial year, 4,284 new asylum claims were lodged. With only 1,106 cases decided, the asylum backlog grew to 23,874 at the end of October from 21,677 at the end of July.
AAT backlog continues to grow
Data shows the AAT backlog continues to grow. An October update published by the AAT shows the backlog has grown to 64,634 from 63,585.
From July to October this year, a total 9,274 cases regarding migration were lodged before the Administrative Appeal Tribunal. 7,537 cases were decided while 40,760 cases are still pending.
Abul Rizvi says the number of cases the AAT receiving is well in access of the number of cases it can actually process.
“Until we reach a point where decisions equal the number of new applications, the AAT backlog will just continue to grow, and the AAT will continue to struggle with the management of the caseload.”
He says the government has to fund the AAT sufficiently for it to get on the top of the backlog.
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Decision-making at the primary level
Mr Rizvi also points to the fact that AAT decision-making at primary level has climbed to 59% in case of partner visas.
He says Department of Home Affairs must reflect on its decision making at the primary level.
“In 59% of cases that go to AAT, the AAT finds primary decision-maker got it wrong.”
“How high must this go before DHA (Department of Home Affairs) reflects on its partner decision-making at a primary level (noting that is after an average processing time at the primary level of 2 years & an application charge of almost $8,000)?” asks Mr Rizvi.
Total set aside rate of migration decisions is 32%. In case of family visa, it is 50% while the visitor visa has a set-aside rate of 31%.
